• Menace of stray dogs in gated society in Delhi

I own a flat in cooperative group housing society in Delhi.Two or three stray dogs live in the premises.Some residents feed them inside the premises & at the main gate.One male dog is very aggressive.It growls and attack my pet dog whenever I take it out on leash for a walk.Today the stray pounced on my pet and held him by scruff injuring him in front of residents and also recorded on gate video camera.He also growled at me & would have bitten me.The President says his hands are tied bylaw.management can only forward our application to municipal corporation.4months ago 50 members had given signed letter to management about dog menace but no action taken nor forwarded to municipal corp under pressure from irresponsible dog lovers.I & our family feel intimidated & scared to move out of our flat.The strays are not immunised against rabies.Is there a law to protect my family& my pet's physical wellbeing
Asked 4 years ago in Civil Law

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11 Answers

1) per the rules of the Animal Birth Control (Dog), removal of stray dogs is illegal. MCD or any NGO can take the dogs away for sterilisation but then they have to be left where they were picked up from

 

2) Get in touch with the MCD who will forward the request to NGOs such as Jeev Ashram and Friendicoes for sterilisation.

 

3) Friendicoes: [deleted], [deleted], [deleted]Jeev Ashram: [deleted], [deleted], [deleted]Animal India Trust: [deleted], [deleted]Animal Hospital and Shelter, Noida: [deleted]Sanjay Gandhi Animal Care Centre: [deleted], [deleted]Pet Animal Welfare Society: [deleted]

Ajay Sethi
Advocate, Mumbai
94794 Answers
7550 Consultations

5.0 on 5.0

- According to the (Dogs) Rules 2001, once a dog has been captured by the local authorities for sterilization, it must be released back into the same area, making their relocation illegal.

- Further, as per Sections 428 and 429 of the Indian Penal Code , and the Cruelty to Animals Act , it is against the law to cause any sort of injury to any street animal.

- But, your society can pass a resolution with the proposal of its majority of members , to  levy fine for feeding dogs in the society premises, and it is acceptable as per law, becuase human right is above the animal right.

- Further, the society should give its attention towards the welfare of its members , and the said passed resolution should be forwarded to MCD.

Mohammed Shahzad
Advocate, Delhi
13264 Answers
198 Consultations

5.0 on 5.0

You can directly make complaints to delhi municipal corporation, regarding all these free street dogs and had bite you.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

You can't legally stop stray dogs. They also enjoy life and liberty like private dogs under Constitution. You can inform ngo to immunise it. Even private dogs attack other dogs and people. 

 

Prashant Nayak
Advocate, Mumbai
31964 Answers
180 Consultations

4.1 on 5.0

Yes you should approach municipal corporation with letter signed by other residents of society.

Don't involve management if they are behaving irresponsible towards the problem. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

you can move a complaint before muncipality. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1.  Are those stray dogs sterilised? If the answer is no, you can complain to MCD to catch and sterilise them, but after sterilisation they have to be released back in the same place from where they are caught as the Animal Birth Control (Dogs) Rules, 2001 recognizes the right of a stray dog to live where he ordinarily lives. They cannot be relocated. Sterilisation is important not only to prevent them from multiplying, but also because it substantially removes aggression from a dog. It is a scientific method which does work. This is the maximum municipalities/civic agencies can do as street dogs have the right to life under Article 21 of Constitution of India. Where should our indigenous dogs go if people continue to be obsessed with exotic foreign breeds totally unaccustomed to Indian climatic conditions and loath the former? They have to stay where they stay and they develop aggression as survival on streets is very tough for them. For this reason, 2001 rules have been enacted by the union government which strike a balance between public safety and the right to life of street dogs by adopting a scientific approach to deal with street dogs.

 

2. Now the circulars issued by AWBI categorically lay down that street dogs can be fed by their care takers subject to certain riders. The street dogs are to be fed at places where children do not play and they cannot be fed outside residences of other persons. The circulars which have the force of law also lay down in certain terms that it is the right of every citizen of India to feed street dogs which is also the constitutional mandate enshrined in Article 47.  The dog lovers cannot be said to be 'irresponsible' here. A man/woman who feeds a street dog but does not possess him cannot by any stretch of the imagination control the aggression of that dog. You may want to read the circular issued by AWBI which lays down that care takers of street dogs are not responsible for the defecation habits and aggression of those dogs. If the street dog who is fed by a person inside the society goes and bites someone the care taker cannot be held liable. Supreme Court of India has also in the celebrated judgment of Animal Welfare Board of India versus A Nagaraj declared that entire animal kingdom which also includes the street dogs have the right to life under Article 21 of Constitution of India in the same manner as humans do.

3. As I said before, complain to the MCD to capture, sterilise and vaccinate these dogs. It should remove their aggression. RWAs and care takers of street dogs are expected participate in the sterilisation drive.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Hello, 

Move an application before the municipal authorities and CC the same to the society management. 

You may also send the same to other civic agencies. 

if they do not take immediate step then you may move to court for a specific direction. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Complain to municipality, they will come and take back the dogs and will do vaccination too. Also ask the management to complaint same. 

Issue will solve in a week maximum.

Yogendra Singh Rajawat
Advocate, Jaipur
22656 Answers
31 Consultations

4.4 on 5.0

Besides giving a strong complaint with the local civic boyd about the menace of stray dogs, you only have to take precautionary measures from being attacked by such stray dogs.

Actually such stray dogs would become furious seeing the pet dogs hence they may growl or pounce on the pet dogs, hence the owners of the pets are to be very careful about that because the damage is caused to the owners only, no authority will give protection round the clock.

You may carry a long stick to drive away the stray dogs as you approach them while going for a stroll with your pet.

 

T Kalaiselvan
Advocate, Vellore
84992 Answers
2205 Consultations

5.0 on 5.0

I understand your problem and I being a dog lover will advice you to take help of some dog lover organisation. They will help you and guide you well. The dogs can be trained to behave well and then they will be good for you people. Keep a strong stick with you to handle such dogs. The aggressive dogs need behaviour training and they will become very loving. Can you please share your location details ? .. check online about dogs organisations and you will find someone to advice you. You can discuss it with me too. Good luck 

Regards

Gopender 


hello thanks for your rating which i saw today and came to know that you needed more help.

If possible then find me and contact me. I will try to guide you more on this and connect with dog lovers who will help you in handling this situation. do not worry, as there are very few street dogs which cause trouble and they are far less then the uncontrolled and more dangerous humans.

gmgupta advocate

[deleted]

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

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